Legal Question in Wills and Trusts in California

sole beneficiary rights

My parents shared joint tenancy on a

piece of property with my brother. He

had it appraised, won't reveal the

value and only wants to divide the

original $3,000 it cost my parents

many years ago. My parents

verbally wanted all assets divided

equally between their 3 children. I

am sole beneficiary on a CD-What

would be the fair thing to do?


Asked on 1/11/08, 11:12 pm

2 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: sole beneficiary rights

Fair doesn't count. If your parents are now dead and your brother was a joint tenant he owns the property and owes you nothing. If your parents are still alive and well, they should get a quitclaim deed from your brother back to them and change title to the property, the CD and any other assets they may have into the name of a living trust that they should establish, including related trust documents.

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Again, the book is, to my knowledge, the only one written for regular people in the middle class, and it contains in an appendix the Legacy Living Trust Package, which to my knowledge is the only complete fill-in the blanks trust package written in simple English ("People Ease", not "Legalese") that will be valid in every State in the US.

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Answered on 1/12/08, 12:30 am
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: sole beneficiary rights

If you brother and parents were on title as joint tenants and your parents passed-away. The property belongs to your brother by operation of law. It's his without argument. If you are the sole beneficiary on the CD it is yours by operation of law. It's yours without argument. Now if your parents wanted you guys to divided everything equally, then you're getting into moral on not legal issues.

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Answered on 1/27/08, 4:55 pm


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